Background
In June two thousand, an assailant attacked a female soldier at Fort Hood, stabbing her multiple times and attempting to rape her. The investigation went cold until forensic genealogy identified Allen James as the suspect nearly two decades later. James was convicted of attempted murder and sentenced to two hundred months in prison using the two thousand and twenty-three Sentencing Guidelines Manual.
The court’s reasoning
The court found that a rational jury could infer specific intent to kill from the brutality of the attack, including repeated stabbings to vital areas and threats to the victim’s life. Regarding jury instructions, the court applied the invited-error doctrine because James proposed the language he now challenges. On sentencing, the court held that applying the two thousand and twenty-three Guidelines Manual, which produced a higher range than the one thousand nine hundred and ninety-eight Manual in effect at the time of the offense, violated the Ex Post Facto Clause.
We therefore AFFIRM the conviction, VACATE the sentence, and REMAND for resentencing.
United States v. James, 25-50144 (5th Cir. June 2, 2026)
What it means going forward
Defendants convicted of attempted murder must still prove specific intent to kill, but appellate courts will not reverse convictions based on jury instructions that the defendant themselves requested. Sentencing courts must apply the Sentencing Guidelines Manual in effect at the time of the offense to avoid Ex Post Facto violations.